Espinoza v. People

Plaintiff in error, Henry Seferino Espinoza, was convicted by a jury in the Jefferson County District Court of burglary in violation of 1965 Perm. Supp., C.R.S. 1963, 40-3-5. We reverse the judgment of conviction.

The record shows that on January 9, 1969, at approximately 3 p.m., the residence at 600 Estes Street, Lakewood, Colorado, was burglarized by two men. The evidence established that a television set was taken from the premises during the burglary. An eyewitness, who was a neighbor living in the house directly across the street from 600 Estes, observed through a window in her home a…